Written version in the form of affidavit of Sister Vijaya working as Assistant Administrator of the appellant hospital along with certain documents has been filed. Counsel for the appellant states that all previous directions have been complied with. He further submits that even awarded amount as per the order of the State Commission has been paid to the respondents. In the circumstances, he prays that the appellant be given reasonable opportunity of hearing  and the matter may be remitted to the State Commission for trial of the complaint and afresh decision. Though the facts as stated by the counsel for the appellant are not disputed but counsel for the respondents/complainants opposes the prayer on the ground that the matter has been finally adjudicated upon by the State Commission and in any case, the appellant has no defence.

          After hearing the counsels for the parties and on consideration of the matter and more particularly, the factual position that the appellant could not file the written version of defence in response to the complaint and that the State Commission has answered the complaint assuming that the opposite party failed to file the written version after due service and has passed the impugned order entirely going by the say of the complainant and the material produced by him, we are of the opinion that in order to do substantial justice and to grant reasonable opportunity of hearing, the prayer of the appellant for remitting the matter to the State Commission be accepted. 

          In the result, this appeal is partly allowed and the impugned order passed by the State Commission is hereby set aside. The complaint is remitted to the board of the State Commission for afresh decision on consideration of the written version filed by the appellant, as also any further evidence which may be produced by the parties in support of their respective pleas. Parties are directed to appear before the State Commission on 04.3.2010 for receiving further directions in the matter. We request the State Commission to dispose of the complaint as expeditiously as it may be practicable. However, at present, we are not calling upon the respondents to refund the amount received by them but would call upon them to furnish adequate restitution security to the satisfaction of the State Commission for restoration of the amount depending upon the outcome of the complaint. Copy of the order be given dasti to both sides.